§ 12-16 Seafood Delivery Operations.
RCNY § 12-16
A seafood deliverer shall be subject to the requirements for conducting a seafood delivery business that are contained in this section.
(a)The market manager may designate an area or areas within the market area where seafood deliverers must park while picking up seafood from wholesalers for delivery.
(b)(1) Seafood deliverers must possess a valid driver's license as required by Section 501 of the Vehicle and Traffic Law.
(2)All vehicles employed in a seafood delivery business must possess: proper vehicle registration as required by Section 401 of the Vehicle and Traffic Law; and insurance coverage required by Article 6 of the Vehicle and Traffic Law.
(c)A seafood deliverer must not offer to sell seafood for sale within the market area for resale to the public unless the seafood deliverer is also registered as a wholesaler.
(d)Seafood deliverers must comply at all times with all applicable federal, state, and city regulations regarding the proper handling of seafood.
(e)Workers' Compensation Insurance. A seafood deliverer must submit proof that it has obtained the required Workers' Compensation and Disability Benefits Coverage, or that it is exempt from Section 57 of the Workers' Compensation Law, and Subdivision 8 of Section 220 of the Disability Benefits Law.
(1)Proof of coverage can be established by submitting the following Workers' Compensation Board forms: (i) C:105.2 Application for Certificate of Workers' Compensation Insurance; (ii) DB-120.1 Employer's Application for Certificate of Compliance with Disability Benefits Law; (iii) S1-12 Affidavit certifying that compensation has been secured; (2) Proof that no coverage is required can be provided by submitting the following Workers' Compensation Board form: (i) C-105.21 Statement that applicant does not require Workers' Compensation or Disability Benefits Coverage.
(f)Liability insurance. A seafood deliverer must procure and maintain throughout the term of the registration the following types of insurance against claims for injuries to persons or damages to property which may arise from or in connection with the seafood deliverer's business. The seafood deliverer may purchase such policies in conjunction with one (1) or more other seafood deliverers, provided that the following coverages described in this subdivision are maintained with respect to each seafood deliverer: (1) Commercial general liability insurance with liability limits of no less than one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal, and property damage. The maximum deductible for such insurance shall be no more than twenty-five thousand dollars ($25,000).
(g)(1) The policy or policies of insurance required by this section must name the Commission as certificate holder and must be endorsed to state that the coverage must not be suspended, voided, canceled, reduced in coverage, or in limits except upon sixty (60) days prior written notice to the Commission.
(3)All required policies of insurance must be obtained from a company, or companies, duly authorized to do business in the State of New York with a Best's rating of no less than A:X unless specific approval has been granted by the Commission to accept a company with a lower rating.
(4)A certificate of insurance effecting the required coverage and signed by a person authorized by the insurer to bind coverage on its behalf, must be delivered to the Commission prior to the effective date of the registration. Delivery to the Commission's offices may be made in person, by first class mail, or by e-mail to [email protected]. (Amended City Record 3/6/2018, eff. 4/5/2018)
